Artikel 16

1. When law enforcement officials of one Party encounter a suspect vessel claiming the nationality of another Party, located seaward of any State's territorial sea, this Agreement constitutes the authorisation by the claimed flag State Party to board and search the suspect vessel, its cargo and question the persons found on board by such officials in order to determine if the vessel is engaged in illicit traffic, except where a Party has notified the Depositary that it will apply the provisions of paragraph 2 or 3 of this Article.
2. Upon signing, ratification, acceptance or approval of this Agreement, a Party may notify the Depositary that vessels claiming the nationality of that Party located seaward of any State's territorial sea may only be boarded upon express consent of that Party. This notification will not set aside the obligation of that Party to respond expeditiously to requests from other Parties pursuant to this Agreement, according to its capability. The notification can be withdrawn at any time.
3. Upon signing, ratification, acceptance or approval of this Agreement, or at any time thereafter, a Party may notify the Depositary that Parties shall be deemed to be granted authorisation to board a suspect vessel located seaward of the territorial sea of any State that flies its flag or claims its nationality and to search the suspect vessel, its cargo and question the persons found on board in order to determine if the vessel is engaged in illicit traffic, if there is no response or the requested Party can neither confirm nor deny nationality within four (4) hours following receipt of an oral request pursuant to Article 6. The notification can be withdrawn at any time.
4. A flag State Party that has notified the Depositary that it shall adhere to paragraph 2 or 3 of this Article, having received a request to verify the nationality of a suspect vessel, may authorise the requesting Party to take all necessary actions to prevent the escape of the suspect vessel.
5. When evidence of illicit traffic is found as the result of any boarding conducted pursuant to this Article, the law enforcement officials of the boarding Party may detain the vessel, cargo and persons on board pending expeditious disposition instructions from the flag State Party. The boarding Party shall promptly inform the flag State Party of the results of the boarding and search conducted pursuant to this Article, in accordance with paragraph 1 of Article 26 of this Agreement.
6. Notwithstanding the foregoing paragraphs of this Article, law enforcement officials of one Party may board a suspect vessel located seaward of the territorial sea of any State, claiming the nationality of another Party for the purpose of locating and examining the documents of that vessel when:
a. it is not flying the flag of that other Party;
b. it is not displaying any marks of its registration;
c. it is claiming to have no documentation regarding its nationality on board; and
d. there is no other information evidencing nationality.
7. In the case of a boarding conducted pursuant to paragraph 6 of this Article, should any documentation or evidence of nationality be found, paragraph 1, 2 or 3 of this Article shall apply as appropriate. Where no evidence of nationality is found, the boarding Party may assimilate the vessel to a ship without nationality in accordance with international law.
8. The boarding and search of a suspect vessel in accordance with this Article is governed by the laws of the boarding Party.